Judge asks: Did militia do more than talk?

Thursday

Apr 29, 2010 at 12:01 AMApr 29, 2010 at 11:46 AM

DETROIT - A federal judge challenged prosecutors yesterday to show that nine members of a Michigan militia accused of plotting war against the government had done more than just talk and should remain locked up.

DETROIT - A federal judge challenged prosecutors yesterday to show that nine members of a Michigan militia accused of plotting war against the government had done more than just talk and should remain locked up.

U.S. District Judge Victoria Roberts heard nearly 10hours of testimony and arguments over two days. She did not make a decision about whether the nine will remain in custody, saying only that she will rule soon.

The members of a southern Michigan group called Hutaree have been in custody for a month. An indictment accuses them of weapons violations and a rare crime: conspiring to commit sedition, or rebellion, against the government by first killing police officers.

Prosecutors say the public would be at risk if the nine are released. But defense attorneys say the government has overreached with a criminal case based mostly on hateful speech.

An undercover agent infiltrated the group and secretly made recordings that have been played in court. Although there is talk about killing police officers, it's not specific.

Roberts pressed that point more than once as Assistant U.S. Attorney Ronald Waterstreet argued in favor of keeping the nine in jail. The judge suggested that she didn't hear or read in the transcripts any indication that violence was imminent.

"Mere presence where a crime may be planned is not a crime. How does this add up to seditious conspiracy?" Roberts said.

Waterstreet said the government is not required to show all its evidence at this early stage of the case.

He referred to the words of militia leader David Stone, 44, of Clayton, Mich., recorded by the undercover agent on a drive to Kentucky this year.

"It's now time to strike and take our nation back so that we may be free again from tyranny. Time is up," Waterstreet said, quoting a transcript.

Later, putting the transcript aside, the prosecutor said: "The theme is the brotherhood is the enemy - all law enforcement."

Defense attorneys urged the judge to look at each defendant individually. Although all are charged with conspiracy, they were not always together during critical meetings cited by the government.

"'What if?' is not the standard. None of these words are an instruction to anyone to commit a crime," said Stone's attorney, William Swor.

Arthur Weiss, an attorney for Thomas Piatek, 46, of Whiting, Ind., said disgust with the government as recorded by the undercover agent is similar to what's said daily by radio and TV talk-show hosts Rush Limbaugh, Glenn Beck and Sean Hannity.

"Millions of people" are talking about 'taking our country back,'" Weiss said.